{"id":"F2023L00899","name":"Native Title (Recognition as Representative Body – Kimberley Land Council) Instrument 2023","slug":"native-title-recognition-as-representative-body-kimberley-land-council-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104564,"registerId":"commonwealth-F2023L00899-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Native Title (Recognition as Representative Body – Kimberley Land Council) Instrument 2023.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

1 July 2023

\n```\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under 203AD(1) of the Native Title Act 1993.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\nIn this instrument:\n\nAct means the Native Title Act 1993.\n\nRepresentative Body means a representative Aboriginal/Torres Strait Islander body recognised under section 203AD of the Act.\n\nKimberley Land Council means the Kimberley Land Council Aboriginal Corporation (ICN 21) as registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Schedules","content":"#### 5 Schedules\n\n Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6 Recognised Representative Aboriginal/Torres Strait Islander Body\n\nFor subsection 203AD(1) of the Act, the Kimberley Land Council is recognised as the Representative Body for the area described in Schedule 1.\n\n7 Period of recognition\n\nFor subsection 203AD(2) of the Act, this recognition as a Representative Body takes effect on 1 July 2023 and ceases to have effect at the end of 30 June 2026.\n\n \n\nSchedule 1—Description of area (Kimberley)\n\n1 The Kimberley area is the area of land and waters bounded by a line commencing at the intersection of the Western Australia State border, the Northern Territory border, and the coastline of mainland Australia, and then proceeding south along the Western Australia State border to the intersection with the north-east corner of the larger of the two areas comprising Native Title Claimant Application WG0160/97 (Tjurabalan), then generally south-westerly along the northern boundary of that Application to the north-east corner of Native Title Claimant Application WG6077/98 (Ngurrara), then generally south-westerly, westerly and northerly by the eastern, southern and western boundaries of that Application to the south-east corner of Native Title Claimant Application W6100/98 (Karajarri Combined), then generally westerly by the southern boundary of that Application to the intersection of the southern boundary of the 1991 Local Government Area (LGA) of Broome, then generally westerly by the southern boundary of that LGA to its intersection with the coastline of mainland Australia, then due west by a straight line to the point of intersection with the outer limit of the exclusive economic zone of Australia, then generally north-east along the outer limit of that zone to its intersection with the most western point of the Western Australia adjacent area boundary as defined in Schedule 2 of the Petroleum (Submerged Land) Act 1967, then generally east by the southern boundary of that adjacent area boundary to its intersection with the most easterly point of the Western Australia adjacent area boundary as defined in Schedule 2 of the Petroleum (Submerged Land) Act 1967 and the outer limit of the exclusive economic zone of Australia, then generally east by the outer limit of that zone to its intersection with the Western Australia and Northern Territory adjacent area boundary as defined in Schedule 2 of the Petroleum (Submerged Land) Act 1967, and then generally southerly by that adjacent area boundary to the point where the line began.\n\nNote: where Native Title Claimant Applications are referenced these are as per the\n\nRegister of Native Title Claims at 10 May 2000\n\n2 In this Schedule:\n\nexclusive economic zone means the exclusive economic zone within the meaning of the Seas and Submerged Lands Act 1973.","sortOrder":4}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function its title suggests — recognising a specific representative body for a defined area. It has not expanded beyond the original purpose of the Native Title Act's representative body framework."},"complexity_factors":["Very short instrument (only 7 sections plus 1 schedule)","Minimal defined terms (only 3: 'Act', 'Representative Body', 'Kimberley Land Council')","Single operational purpose (recognition of one specific body)","Geographic description in Schedule 1 is lengthy but follows standard cadastral (boundary) description conventions using reference points from other legislation and native title claims","No conditional logic, exceptions, or nested provisions","Straightforward commencement table with single date"],"plain_english_summary":"This instrument formally recognises the Kimberley Land Council as the Representative Body under the Native Title Act 1993 for the Kimberley region from 1 July 2023 to 30 June 2026. That recognition restores the Council’s legal authority to assist Traditional Owners with native title claims, negotiations and site protection, affecting Aboriginal people in the region, the Council itself, and third parties (developers, government) dealing with native title there. The Schedule defines the region’s boundaries."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument implements recognition under s203AD of the Native Title Act by naming the Kimberley Land Council as the Representative Body for the Kimberley area and setting a three‑year term (ss 3, 6, 7). It does not amend the Native Title Act or broaden statutory powers; practical scope depends on the external geographic sources it cites (Schedule 1 and referenced registers/Acts)."},"complexity_factors":["Geographic description relies on multiple external references (specific native title claimant applications, state borders, coastline, exclusive economic zone and adjacent area boundaries) which require mapping and cross-referencing to interpret precisely (Schedule 1).","Legal cross‑references to other statutes and registers increase interpretive steps: Native Title Act 1993 s203AD (authority), Register of Native Title Claims (claims cited as at 10 May 2000), Petroleum (Submerged Land) Act 1967 and Seas and Submerged Lands Act 1973 (maritime limits) (ss 3, Schedule 1).","Time-limited recognition (1 July 2023 to 30 June 2026) requires administrative renewal or replacement decisions and creates temporal boundary for duties and funding (s 7).","Limited operational detail in the instrument: it confers recognition but does not specify procedures, funding, performance measures or dispute processes, leaving implementation to other statutory or administrative frameworks (ss 3, 6, 7).","Corporate identity linkage (Kimberley Land Council as an Aboriginal corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006) creates interactions between corporate law, native title representation duties and administrative oversight (s 4 definition)."],"plain_english_summary":"**This instrument recognises the Kimberley Land Council Aboriginal Corporation as the Native Title Representative Body for the Kimberley region under section 203AD of the Native Title Act 1993.** It gives the Council legal authority to represent Aboriginal and Torres Strait Islander people in native title matters for the described land and waters, and this recognition runs from 1 July 2023 to 30 June 2026."}},"importantCases":[],"_links":{"self":"/api/acts/native-title-recognition-as-representative-body-kimberley-land-council-instrument-2023","history":"/api/acts/native-title-recognition-as-representative-body-kimberley-land-council-instrument-2023/history","analysis":"/api/acts/native-title-recognition-as-representative-body-kimberley-land-council-instrument-2023/analysis","conflicts":"/api/acts/native-title-recognition-as-representative-body-kimberley-land-council-instrument-2023/conflicts","importantCases":"/api/acts/native-title-recognition-as-representative-body-kimberley-land-council-instrument-2023/important-cases","documents":"/api/acts/native-title-recognition-as-representative-body-kimberley-land-council-instrument-2023/documents"}}